HomeMy WebLinkAbout1981-02-03; City Council; Resolution 6438*b
I
2
1 c
4
F
E
7
E
S
ZC
11
12
12
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO.' ' 6438'
A RESO UTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND IWANAGA ASSOCIATES
FOR THE PREPARATION OF THE PARKS AND RECREATION
ELEIKENT/NACARIO PARK DE'VELOPMENT PLAN. -
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. The certain agreement between the City of Carlsbad and
Iwanaga Associates for consulting services for the preparation of
the Parks and Recreation Element/Macario Park Development Plan, a
copy of which is attached hereto marked Exhibit "A" and made a
part hereof, is hereby approved.
2. The Mayor of the City of Carlsbad is hereby authorized
and directed to execute said agreement for and on behalf of the
Zity of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Zity Council of the City of Carlsbad held the 3rd
February , 1981, by the following vote, to wit:
day of
AYES: Council Members Packard, Casler, Lewis and Kulchin
NOES: None
ABSENT: Council Member Anear &d4c
RONALD C. PACKARD, MAYOR
YTTEST :
(SEAL)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
I 17
. 18
19
20
21
.22
23
24
25
26
27
28
e- EXHIBIT A
AGREEMENT
THIS AGREEMENT made and entered into this day of
January, 1981, between the City of Carlsbad, a political subdivi-
sion of the -State of California, hereinafter referred to as the
"City and Iwanaga Associates, hereinafter referred to as the
"Consultant".
RECITALS
WHEREAS, pursuant to Government Code S~I5iim 56303(b), the
City may include in the General Plan a Parks and Recreation Element
setting forth a comprehensive system of areas and public sites for
recreation, including the following, and their locations and pro-
posed development:
( 1) Natural Reservations
(2) Parks
(3) Parkways
(4) Beaches
(5) Playgrounds
(6 1 Other recreation areas.
WHEREAS, the Consultant has the qualifications to prepare
the Parks and Recreation Element and a development plan for Macario
Canyon Park, 1.
WHEREAS, the Consultant submitted a proposal for preparing
the Parks and Recreation Element and development plan for Macario
Canyon Park which was discussed by City Council, the City Manager,
and .other City staff with Consultant and an agreement has been '. . .I
reached.on Consultant's Scope of Work,
NOW, THEREFORE,, in consideration of their mutual covenants
and conditions, the parties hereto .agree as follows :
1
2
3
4
5
6
7
e
9
1c
11
12
12
14
1E
1€
1 17
* 1E
1<
2(
21
2:
2;
2L
2!
2t
2:
2t
levelopment plan for Macario Canyon Park shall (1) meet the pro-
risions and mitigation measures included in the Environmental Impact
ieport for these projects; (2) be consistent with the California
State Coastal Act of 1976, City Council goals and objectives, Growtk
lanagement Study, Regional Outdoor Recreation Plan and Program and
my other related City, County and State documents; (3) be a docu-
I. DUTIES OF THE CONSULTANT
a,. The Consultant shall (1) provide the City with a
7evised Parks and Recreation Element to the General Plan which is
:onsistent with all other elements of the General Plan; (2) pro-
ride the City with a phased development plan for Macario Canyon
'ark which is consistent with the Parks and Recreation Element.
b. The Parks and Recreation Element and phased
nent so designed that the information it contains can be easily
ipdated u;\on the receipt of new data; (4) be prepared in accordance
dith the scope of work contained in Exhibit A (attached hereto and
nade a part hereof).
c. The Consultant shall proceed with the projects in
the manner described in the Consultant's proposal which is on file
gith the Parks and Recreation Director and is incorporated herein
by this reference as mpdified by scope of work contained in Exhibit
A. Consultant shall make no changes to the project team without
the prior approval of the City~Manager.
d. Consultant will be responsible for five major
presentations and/or public hearings and as many meetings as deemed
necessary by the Task Force.
11. DUTIES OF THE CITY
a. The City will make.payment to the Consultant as
-2-
I 1
1
I
!
I
I
I
!
3.c
1:
1:
1:
3.1
If
1f
i 1';
. 1E
15
2c
21
'22
22
24
25
26
27
28
provided in this agreement.
b. The City will make available to the Consultant
any documents, studies, or other information in its possession
related to the proposed project.
'.
c. The City will distribute and collect survey data
to be prepared by the Consultant.
d. Upon notice by the Consultant, the City will ex-
peditiously schedule public meetings and meet with Consultant staff
so as to meet the Consultant's time schedule.
111. TERMINATION OF AGREEMENT
The City may terminate this agreement at any time by
ziving written notice to the Consultant and specifying the effective
late thereof, at least fifteen days before the effective date of
;uzh termination. In that event, all finished or unfinished docu-
nents and other materials preparec! pursuant to this agreement shall:
3t the option of the City, become its property.
In the event of termination, the City will pay Cons-dtan
For all work completed to the effective date of such termination,
)ased upon Consultant's regular hourly rate and cost of materials
>r as otherwise provided in this agreement.
IV. RELEASE OF INFORMATION BY CONSULTANT
r
Any reports, information or other data, prepared or
issembled by the Consultant under this agreement shall not be made
ivailable to any individual or organization by the Consultant with-
lut-the prior written approval of the City. .. . .,
V. PAYMENT
The Consultant shall be paid a total sum of fifty-seven
:housand and five hundred dollars for work necessary to carry out
-3-
1
2
'3
4
fi U
E
'i
E
I
l(
1:
1:
9:
11
li
11
1'
1'
9-
2
2
2
2
2
2
2
2
2
0
he requirements of this agreement. The Consultant shall be paid
!O--percent of the above fee within 30 days of acceptance of this
ontract; ---25: ?,--percent of the total fee after satisfactory comple-
ion of Phase I1 and acceptance by the Parks and Recreation Direct01
f a written summary; thirty percent at satisfactory completion of
'hase I11 and upon the acceptance of a written summary by the Parks
.nd Recreation Director; twenty percent upon satisfactory completioI
If Phase IV and acceptance of a written summary by the Parks and
Lecreation Director and "five 2 percent final payment upon approval
)y the City Council.
Fees for any additional services not described in this
rgreement shall be fixed by mutual consent.
lay include, but are not limited to the following:
Additional services
1. Colored presentation drawings and models.
2. Any services made necessary by revisions 0;- changes
in the boundaries of the City exisiting on the date this agreement
is executed.
VI. TIME OF COMPLETION
The Consultant *shall have the final report completed
The City Manager may approve an extension to this
.. ',
July 6, 1981.
deadline providing the-delays in the work were the responsibility
3f the City of Carlsbad.
VII. CHANGES IN WORK
If, in the course of this contract and design, changes
seem merited either by the Consultant or from the City and informal
consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Consultant or the City
may request a change in contract. Such changes shall be processed
-4-
1
2
3
5
7
5
11
1:
l!
11
1'
' lf
1
2
2
2
2
2
y the City in the following manner:
equired changes shall be forwarded to the City or Consultant to
nform thein,of the proposed changes along with a statement of
stimated changes in charges or time schedule.
utual agreement on the proposal, a supplemental agreement shall
e prepared by the City and approved by the City Council.
upplemental agreement shall not render ineffective or invalidate
inaffected portions of the agreement.
A letter outlining the
After reaching
Such
Changes requiring immediate
tction by the Consultant or City shall be ordered by the Parks and
tecreation Director who will inform a principal of the Consultant's
2irm of the necessity of such action and follow up with a supple-
iental agreement covering such work.
VIII. COVENANT AGAINST CONTINGENT FEES
The Consultant warrants that Consult ant has not em-
iloyed or retained any company or person, other than a bon2 fide
mployee working for the Consultant, to solicit or secure this
%greement, and that Consultant has not paid or agreed to pay any
Zompany or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other considera.
tion, contingent upon or resulting from the award or making of this
agreement. For breacb or violation of this warranty, the City shal
< c.
have the right to annul this agreement without liability, or, in
its discretion, to deduct from the agreement price or consideration
or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
IX. ' DISPUTES
If a dispute should arise regarding the performance of
work under this contract, the following procedure shall be used to
-5-
:
*
1
!
t
r i
t
E
1C
13
1:
1:
14
1E
1C
17
. le
19
20
21
.22
23
24
,2 5
26
27
2%
resolve any question of fact or interpretation not otherwise settle(
by agreement between parties.
identified as part of dispute anong persons operating under the
provisions of this contract, shall be reduced to writing by the
principal of the consultant firm or the Parks and Recreation Direc-
tor.
?arties involved along with recommended method of resolution within
Such question, if they become
1.
A copy of such documented dispute shall be forwarded to both
ten days. If the resolution thus obtained is unsatisfactory to
the aggrieved party, a letter outlining the dispute shall be for-
qarded to the City Council for their resoluticn through the office
If the City Manager.
;he directed solution to the problem.
If the City Council shall be binding upon the parties involved,
ilthough nothing in this procedure shall prokibit the parties
seeking remedies available to them at law.
The City Council may then opt to consider
In such cases, the action
X. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for
ierein in Consultant's own way as an independent contractor and in
)ursuit of Consultant's independent calling, and not as an employee
If the City. Consultant shall be under control of the City only
is to the result to be accomplished and the personnel assigned to
:he Project but shall consult with-the City as provided for in the
tequest for Proposal.
+
XI. CONFORMITY TO LEGAL REQUIRMENTS
The Consultant shall cause all drawings and specifi-
:ations to conform to all applicable requirements of law:
Xate and local.
bf such project drawings and specifications, together with all
Federal,
Consultant shall provide the necessary copies
-6-
I
t
I
I
1
!
l(
1:
1:
1:
14
If
le
17
. 1E
1s
2c
21
' 22
23
24
25
26
27
28
e
necessary supporting documents to be filed with any agencies whose
approval is necessary.
XII. 'ASSIGNMENT OF CONTRACT
:. The Consultant shall not assign this contract or any
t
part thereof or any monies due thereunder without the prior written
consent of the City.
XIII. SUBCONTRACTING
If the Consultant shall subcontract any of the work
to be performed under this contract by tlie Consultant, Consultant
shall be fully responsible to the City for the acts and omissions
>f Consultant's subcontractor and of the persons either directly
)r indirectly employed by the subcontractor, as Consultant is for
:he acts and omissions of persons directly employed by Consultant.
Jothing contained in this contract shall create any contractual
7elationsFip between any subcontractor and every subcontractor of
i subcontractor by the terms of this contractor applicable to
;onsultant'.swork unless specifically noted to the contrary in the
;ubcontract in questions approved in writing by the City.
XIV. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer,
igent, or employee of $he City, either before, during, or after
he execution of this contract, shall affect or modify any of
he terms or obligations herein contained nor such-verbal agree-
lent or conversation entitle the Consultant to any additional
laymerit whatsoever undertheterms of this contract.
- XV. CONFLICT OF INTEREST
The Consultant shall file a conflict of interest
tatement with the City Clerk of the City of Carlsbad. The Con-
-7-
1
2
3
4
5
6
7
a
9
10
I1
12
13
14
16
' 11
. 1E
19
2c
21
22
22
24
25
26
27
28
e e
jultant shall report under Categories B, D and F of Section 302
If the Carlsbad Conflict of Interest Code.
XVI. HOLD HARMLESS AND INSURANCE
. 2 r.
' The Consultant will indemnify the City against and
?old it harmless from all and any liability for damages on account
3f injury to persons or damage to property resulting from or
3rising out of or in any way connected with the negligent perfor-
nance or willful misconduct by Consultant of the Agreement and
reimburse the City of all costs, expenses and loss incurred by it
in consequence of any claims, demands and causes of action which
nay be brought against it by a person other than the City aris5r.g
3ut of the negligent, alleged negligent performance or willful
nisconduct by Consultant of this Agreement. It is understood that
this hold harmless provision shall not apply to any claims, demands,
zosts, expense (including costs of defense), liability, causes of
3ction, or judgment which occur by reason of the negligence, allegec
iegligence, or willful misconduct of the City or the City's agents,
servants, ortheir independent contractors who are directly respon-
sible to the City. The Consultants shall furnish the City with
3 Certificate of Insurarice with the limits of at' least $100,000.00
for bodily infuries on each occurrence. *
IN WITNESS WHEREOF,^The parties hereto have caused this agree-
ment to be executed as of the date and year first above written.
CONSULTANT CITY OF CARLSEAD
Iwanaga Associates Ronald C. Packard, Mayor
., EXHIBIT A
RE ISED PAR
SCOPE OF WORK
AND RECREATION ELEMENT
PHASE I: REVIEW AND RESEARCH
A.
B.
C.
D.
E.
F.
City to assemble and consultant to review and analyze existing
reports, data, government restraints, etc.
1. 1976 Carlsbad Parks and Recreation Element.
2. CPO Study--Regional outdoor recreation plan and program
draft.
3: Sedway-Cook Growth Management Study now underway.
4. Local Coastal Zone Program under preparation and proposed completion date in 1981. This is important due to the
fact that 36 percent of Carlsbad lies within the coastal
zone.
5. Current development proposals for Calavera, Carrillo, HUB, reservoirs, lagoons, etc.
Analyze the existing Park and Recreation Element in relation-
ship to the existing General Plan, public facilities fee, and
Quimby Ordinance , working closely with the Planning Department
and other City departments.
Review elements from other cities for information, ideas, format,
etc.
Conduct a survey of citizens in Carlsbad.
1. City to distribute and collect, and consultant to formulate and analyze a survey of 250 user-demand questionnaires, stratified to address the special needs of the populace (i.e., age, ethnic/racial category, etc).
Conduct preliminary Parks and Recreation Commission/Citizen advisory committee (hereafter referred to as Task Force) meeting/
- <,
workshop. L
1. Presentation of findings to date from research phase.
2. Obtain information and recommendations from Task Force, historical society, and Planning Department and other
city bodies.
Consultant present written summary of Phase I findings/
conclusions for acceptance by the Parks and Recreation Director. City staff to present to Task Force and City Council.
-9-
PHASE 11: ANALYSIS
,
A.
B.
C.
D.
E.
Undertake site and facility inventory based on collected/available
data.
Commence recreation facility user-demand analysis.
Analyze recreation demand (10 yr. E 20 yr. time frame)
1. Estimate population growth, change and location of future densities.
2. Estimate future usership patterns.
3. Forecast split between residents , visitors and touuiists by term of stay, use of facility, and examine economic
contribution to the community.
Review findings to date and obtain input from City staff.
Consultant submit a written summary of Phase TI findings/conclu-
sions for acceptance by the Parks and Recreation Director. City staff will present to Task Force and City Council.
PHASE 111: COMPILATION AND SYNTHESIS -
A.
B.
Formulate concrete goals which will insure the City's developing
a park and recreation system to clearly implement a suitable Parks and Recreation Element for Calsbadwith consideration of economic responsibility.
Define a park and recY,eation development scheme and develop
related policies.
1.
2.
Re-classify and define levels of recreation facilities (size,
range, populations served, service areas, etc.).
a. Parks - neighborhood, community, regional. b. Recommendations on use of specific sites including, but not 1imi.ted to: Lake Calavera, Carrillo E
reservoir sites, lagoons, beaches, greenbelt (open space).
Define basic fut'%res for Carlsbad Parks and Recreation services.
a. ' Maintain current property inventory and program.
b. Selectively reconcentrate the paekresources; (a) with,
or (b) withouta regional park development.
c. Recommend disposal or surplus park properties and lia- bilities.
d. Engage community groups and institutions in "adopt-a-
park" operations and maintenance.
e. Integrate all public recreational facilities within the
City in a comprehensive an? entrepreneurial program.
- 10 -
f. Selection of feasible features from each product.
3. Future usage of current facilities, including renovati.on
programming.
a. Prioritization and scheduling of development of Macario Canyon Fark and other undeveloped sites.
Recommend land to be added to park and recreation system.
Specify priorities for land acquisitions.
b.
c.
d, Specify development and maintenance standards, also
acquisition and maintenance cost.
1) Recommend facilities for parks.
' 2) Recommend levels of maintenance necessary for
developed versus natural or naturalized recreation
areas (to include trails and open space).
4. Develop policies for commercial recreation stimulation and
quality control.
. 5.
C.
a. What type of recreation facilities should be developed privately, where and how?
What overview should the City impose and follow up with?
What standards of operations and limits to operation should the City reasonably impose?
d. In the case of private concessionaires' bidding for
operation of existing or future public lands or facilities;
what incpeased performance requirements can be negotiated,
and what types of revenue returns will be possible?
Develop program and policies for a circulation system to
integrate the recreation areas as practical (bikeway system,
open space pedestrian/hiking trails, bus routes).
Initiate cost studies.,
b.
c.
1. Identify funding sources. Develop specific plan for funding
community regional park from Public Faciltiy Fee 40.7 million
and Park-in-Lieu fees and others.
2. Identify maintenance costs.
3. Recommend modifications to existing Quimby Ordinance.
D, Presentation and review of Phase I11 accomplishment to staff and
City Council by Consultant principals (written summary for Phase
I11 to Parks and Recreation Director).
PHASE.IV: FINAL REPORT PHASE
A. Prepare first draft - submit 2 copies to staff. - 11 -
..
B.
C.
D.
E.
F.
G.
Submit first
and Flanning
0’
staff approved draft for review by Task Force Commission.
1. Receive hput.
2. Revise draft and resubmit 2 copies to staff.
Submit approved revised :draft for review by Task Force and
Planning Commission.
Prepare final draft Element - (2 copies)
Presentation by Consultant principals to Planning Commission and Task Force at joint public hearing.
Presentation of final Element to C$.-ty Council by Consultant principals.
Prepare Council approved Element - print in required number.
..
x
- 12 -
PHASED DEVELOPMENT PLAN FOR MACAKIO CANYON PARK
PHASE I: REVIEW AND RESEARCH
A. City to assemble, consultant to review and analyze all existing
information and regulations pertaining to the proposed park land. (Coincides with the Element revision.)
Documen:: all data pertinent to the design of the 366-acre park site to include any Coastal Commission or others contraints. As an example, Cannon Road access and extent of wet lands.
Review and apply the feedback from the citizens' survey conducted in the element study. site.
B.
C.
Extract pertinent information to the park
D. Compile information to discuss with staff for feedback.
1. Present findings.
2. Meet and obtain input from Task Force, Planning Department
and other city bodies and present a written summary for
Parks and Recreation Director's acceptance. City staff will
present to Task Force and City Council.
PHASE 11: ANALYSIS
A. Conduct site analysis.
1. Inventory existing 366-acre site for opportunities and
restraints (City to provide site information-soils, geology,
topography, hydrology, utilities, etc.)
B.
C.
Synthesize user-demand use information from user-demand analysis conducted-for the Element (coincides with the Element revision).
Establish design program for park. 1. Equestrian, jogging, h'iking trails ' Equestrian Center Marina/Beach access to lagoon
Golfcourse and Club house and driving range"
Multi-use lighted athletic fields on facilities
Centi7al Library arts center Parks service center Amphitheatre, conference center
Tennis, basketball, handball courts
shooting range
Rest rooms Circulation network of roads and trails Ponds or lakes utilizing reclaimed water
, Botanical Garden and Art League Facility
municipal facilities, private facilities, YMCA,
..--13 -
' Passive picnic park areas
:: Recreation center/gymnasium
2. Prepare a recommended use-mix program-public recreation,
D. Assure consistency with General Plan and General Plan Elements.
1. Recommend changes necessary in the General Plan and
Elements. (Coincides with the Element revision.)
F. Review with staff.
1. Present findings of analysis in a form,that staff can
2. Obtain input from Task Force, Planning Commission and Library Board and present written summary of findings for acceptance by the Parks and Recreation Director.
Staff to present to Task Force and City Council.
present to City Council.
PHASE 111: COMPILATION AND SYNTHESIS
A. Define development scheme.
1. Prepare alternative land use diagrams.
2. Review diagrams with staff/Task Force and select a scheme.
B. Develop schematic design (based on selected scheme).
1. Site plan for entire site including what is now HUB Park site. .
C. Initiate cost study.
1. Establish phasing.
a) 10-15 year construction period.
2. Estimate development costs for design with consideration
3. Identify funding sources.
4. Identify operation, and. maintenance costs. .
1 for phasing.
D. Prepare draft report to accompany plan. +.
. E. Present and review written findings of this phase with staff and
upon approval present to Task Force, City Council and Planning
Commission by Consultant prihcipals.
PHASE IV - FINAL REPORT AND PLAN
A. Apply review input/feedback from Planning Commission and Task
Force.
3. Finalize plan, phasing, and cost analyses.
C. Review documents with staff.
- 14 -
0. 0
D. Review final draft docurnents with the Task Force. 'and Planning
Commission (coincide with Element presentati.on at joint public
hearing).
E. Present final phased development plan for Macario Park to the City Council by Consultant principals at public hearing
(coincide with Element presentation).
Submit final copy of report with plan in required numbers. F.
Y
-\
- 15 -
i